What Does the Term Inheritance per Stirpes Mean in an Intestate Estate in the State of Florida?
If you pass away without a will, your assets will pass according to Section 732.103 of the Florida Statutes. However, Florida Statute 732.104 states that “decent shall be per stirpes.” What exactly does this mean? The very best way to explain it is with an example.
Assume Parent 1 has Child A and Child Z. Child A has two children b and c and Child Z has one child y. When Parent 1 dies, Child A and Child Z each get ½ of the property. If Child A predeceases Parent 1, upon Parent 1’s death, Child Z will still get ½ and children b and c will each get ¼ (sharing in Child A’s ½ share). If Child A and Child Z both predecease Parent 1, children b and c will each get ¼ (sharing in Child A’s ½ share) and child y would get ½ (Child Z’s share).
To learn more about a per stirpes distribution, contact our estate planning attorney at Wood, Atter & Wolf, P.A. located in Jacksonville and Ponte Vedra Beach, Florida.
